CRIMINALIZATION OF MARITAL RAPE

Author- TVISHA GUPTA

Volume 1 Issue 2 (2020)

Rape refers to sexual intercourse with someone irrespective of their gender without their consent. It is an extremely derogatory, inhumane and horrific act. There is no shortage of adjectives to describe this kind of action. This offence of rape destroys a person’s selfrespect, self-esteem and violates their dignity. The act of rape can be carried out through coercion, force, by a person of authority on someone who is incapable of giving consent. When we talk about India per se, the country has advanced both in its ideologies and perceptions over many decades regarding the act of rape which is even punishable by law, but the issue of marital rape is still very much prevalent in the society with being referred to as a social stigma which has not been touched by the law yet. Rape is a phenomenon that is agonizing for the woman at the heart of marriage. A woman has to silently struggle through it and face this heinous act within the walls of her matrimonial home, which negatively affects her conscious and wellbeing be it psychological, mental, or physical. When the term rape comes to the mind, one rarely associates it with rape in a matrimonial home. People tend to believe that a husband can never rape his wife, that there is an implied consent of woman and
this is all under the conjugal rights of the husband.

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